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Home My WebLink AboutAgenda Packets - 2011/11/28 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, November 28, 2011 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation by Jerry Hromatka, President & CEO of Northwest Youth & Family Services 7. COUNCIL BUSINESS A. 7:05pm Public Hearing, Resolution 7857, Approving a Conditional Use Permit for Outside Storage at The Tyson Companies, 4825 Mustang Circle B. Second Reading and Adoption of Ordinance 866, an Ordinance Amending Title 900 by Deleting Chapter 901 of the City Code Pertaining to the Snow and Ice Control Policy (ROLL CALL VOTE) C. Second Reading and Adoption of Ordinance 865, an Ordinance Regulating the Possession, Sale and Consumption of Tobacco and Tobacco Related Devices and Products within the City of Mounds View (ROLL CALL VOTE) D. Resolution 7859, Approving a Cost of Living Adjustment/Insurance Contribution Adjustment for Non-Union Employees, and Approving the Health Insurance Opt-Out Program E. Resolution 7860 Committing Community Center Special Revenue Fund Balance for Future Maintenance F. Resolution 7861, Authorizing Stork Twin City Testing Corporation to Perform a Preliminary Geotechnical and Environmental Evaluation for Area E of the Street and Utility Improvement Program G. Resolution 7862, Authorizing Badger State Coating Specialists to Remove Abandoned Telecom Equipment from the Elevated Water Tower City Council Agenda November 28, 2011 Page 2 8. CONSENT AGENDA A. Resolution 7858 Electing to Retain the Statutory Tort Limit on Liability for the 2012 Insurance Policies B. Set a Public Hearing for Monday, December 12, 2011 at 7:10 pm, to Review Possible Amendments to the Conditional Use Permit Approved for Outdoor Seasonal Sales at Robert’s Sports Bar and Entertainment, Located at 2400 County Road H2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. November 7, 2011, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Public Works Quarterly Report 2. Discuss Cancelation of the December 27, 2011, City Council Meeting C. Reports of City Attorney 12. Truth in Taxation Meeting: Monday, December 5, 2011, at 6 pm Next Council Work Session: Monday, December 5, 2011, at 7 pm Next Council Meeting: Monday, December 12, 2011, at 7 pm 13. ADJOURNMENT Report to the City of Mounds View December 2011 “The habits we form in childhood make no small difference, but rather they make all the difference” Aristotle About NYFS •Three program areas •Mental Health •Youth Development •Day Treatment •Primary Population: 5-21 year olds •4,000 youth, families, individuals •$4.1 million annual budget www.nyfs.org Preparing youth and families for healthy lives What your support buys •Services for residents are assured •Benefits •Educational attainment •Effective workforce •Citizenship •Leverage outside resources 2009-2010 Service Summary Contracted Services #2010 #2011 As of 9/2011 Counseling 52 $57,300 52 $46,950 Diversion 47 $15,690 29 $8,470 Youth Employment 21 $47,250 6 $13,500 Senior Chore (seniors/youth)2/9 $4,200 3/3 $3,400 Cost of Contracted 131 $124,440 93 $72,320 City Contract $18,661 $18,661 Cost of Non Contracted 51 $254,580 52 $262,575 Highlights •Youth Development Model •RCCMHC Fiscal Agent •Upgrade PR •Balanced Year-end Challenges •Current Economy •Prioritize/Reorganize •Evolving program models •Changing Community •Increasing Diversity •Aging households Future •New Normal •White Bear Lake Area Counseling Center •Expand funding streams •Peter J. King Family Foundation NYFS Partnerships •Communities Arden Hills, Falcon Heights, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, Shoreview, St. Anthony •School Districts Centennial, Columbia Heights, Mounds View, North St. Paul/Maplewood/Oakdale, Roseville Area, St. Anthony/New Brighton, Spring Lake Park, White Bear Lake Area •Collaborations Minnesota Youth Intervention Program Association, North Suburban Gavel Club, Ramsey County Children’s Mental Health Collaborative, Roseville Rotary, Shoreview/Arden Hills Rotary, St. Anthony-New Brighton Family Service Collaborative, Suburban Ramsey Family Collaborative, Twin Cities North Chamber of Commerce •Faith Community •Businesses Item No: 7A Meeting Date: November 28, 2011 Type of Business: Public Hearing Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing – Resolution 7857, Approving a Conditional Use Permit for Outdoor Storage at The Tyson Companies, 4825 Mustang Circle; Planning Case CU2011-001 Introduction: The applicant, Dale Tellers, with The Tyson Companies, is requesting city approval of a conditional use permit to have outdoor storage on their property located ay 4825 Mustang Circle. Tyson Companies is a trucking and warehouse business that has been located in Mounds View for many years. They are proposing to use a fenced area on the west side of their building for outdoor storage. This property is zoned industrial, and the City Code allows outdoor storage as a conditional use in industrial districts. City Code Requirements: Section 1116.04 (Conditional Uses in the I-1 zoning district) Subd. 1: Open or outdoor storage as an accessory use. Section 1125.01, Subd. 1e: The Planning Commission is required to review the possible adverse effects of a requested conditional use. Section 1125.01, Subd. 1g: This section of the City Code states that the Planning Commission shall make findings of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of the Zoning Code and forward such findings to the City Council. Discussion: The Tyson Companies are finding that their trucking business has slowed, but have also found opportunities for more business using outdoor storage. Along with trucking, The Tyson Companies are also a warehouse business that stores products inside their large building before shipping it out. Since they do not have as many semi trailers parked on the west side of the building anymore, there is now space outside that they could utilize for other things. They have found opportunities for contracts to store products outside, such as building and construction materials. Tyson CUP Report November 28, 2011 Page 2 CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. I have addressed each of these potential adverse effects below. Relationship with the Comprehensive Plan. The Comprehensive Plan encourages existing businesses to remain and grow in the city. The City has zoned The Tyson Companies property I- 1, Industrial, and it is primarily surrounded by other industrial uses. If the Planning Commission recommends approval of the conditional use permit as requested, the CUP would be in line with the Comprehensive Plan “Industrial” land use designation for this area. The Location and Character of the Surrounding Area. The Tyson Companies is located in the City’s industrial park on Mustang Circle. This business is primarily surrounded by other industrial uses, with the exception of a manufactured home park adjacent on the north side of the property and Ramsey County/Long Lake Regional Park open land on the west side. The applicant is proposing to use some of the area on the west side of the building for the outdoor storage. Depreciation. The proposed outdoor storage added to this already heavy-use type business should not have an adverse affect on surrounding properties, even though the property is next to a manufactured home park. Both The Tyson Companies and the manufactured home park have existed as is for over 30 years. The area proposed for the storage has had semi trailers parked there for many years, so changing to stacks of products on pallets would not be much different. The Demonstrated Need for Such a Use. With the downturn in the economy, many companies are looking at other ways to expand or diversify their business in order to survive. The Tyson Companies is no different and are doing the same thing. They have a very large property and even without the reduction in their trucking business, outdoor storage at this location should not cause any problems. Summary: The Tyson Companies would like to utilize their large property for additional business and be able to offer outdoor storage to customers. The area they would store the product is only visible to the few manufactured homes that are directly next to Tyson’s property. The area has been used for parking semi-trailers for many years, and would simply now include some stacked product. At the November 16, 2011 Planning Commission meeting, the seven Commissioners voted unanimously to recommend approval of this conditional use permit. Staff received two phone calls from neighboring businesses asking for more information, but had no issues with the CUP after hearing more detail. Tyson CUP Report November 28, 2011 Page 3 Recommendation: City staff recommends approval of the conditional use permit as requested. Staff has prepared Resolution 7857, approving the conditional use permit if the Council chooses this action. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial Photo 3. Site Photo 4. Resolution 7857 Zoning Map Outdoor storage area Wetland Boundary * Properties not indicated with a designation are zoned R-1, Single Family Residential N Aerial View Outdoor storage area Tyson Townsedge Terrace Manuf. Home Park Photographic Documentation View from Mustang Circle – warehouse building on right, repair building on left. The only access to the parking/storage area is through the gate shown in this photo. Outdoor storage area would be located behind the warehouse building RESOLUTION NO. 7857 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AT THE TYSON COMPANIES AT 4825 MUSTANG CIRCLE; PLANNING CASE CU2011-001 WHEREAS, property owner D & A Development (The Tyson Companies), has applied for a conditional use permit to outdoor storage on their property; and, WHEREAS, the subject properties, located at 4825 Mustang Circle, are zoned I-1, Industrial, and legally described as follows: Mounds View Industrial Park, No. 3, Block 1, Lot 4 PIN 17-30-23-13-0006 Mounds View Industrial Park, No. 3, Block 1, Lot 5, Subject to Easements PIN 17-30-23-13-0007 Mounds View Industrial Park, No. 3, Block 1, Lot 6, Subject to Easements PIN 17-30-23-13-0008 WHEREAS, the Mounds View Zoning Code conditionally allows outdoor storage in Industrial zoning districts; and, WHEREAS, the Planning Commission and City Council have reviewed the following documents about this proposal: 1. Staff Report 2. Zoning Map 3. Aerial Photo NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed outdoor storage meets the requirements as outlined in Chapters 1116 and 1125 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the outdoor storage would be a type of land use that is consistent with the “Industrial” land use designation for the applicant’s property. Resolution 7857 Page 2 3. The outdoor storage would not be out of place given the existing character of the surrounding area. 4. The proposed outdoor storage should not depreciate the neighboring properties. 5. The applicant has sufficiently demonstrated that a need exists. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the conditional use permit for the outdoor storage, with conditions as follows: 1. The Planning Commission or the City Council may review this Conditional Use Permit if any problems develop or if there are any changes to the operation that the City deems substantial enough to warrant such a review. Adopted this 28th day of November, 2011. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7B Meeting Date: November 28, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: First Reading on Ordinance 866, An Ordinance Amending Title 900 By Deleting Chapter 901 of the City Code Pertaining to the Snow and Ice Control Policy Background/Discussion: Chapter 901 was added to the City Code by adoption of Ordinance 451 on December 27, 1988. The Chapter is entitled “Snow and Ice Control Policy” and was added when City forces began snow plowing due to issues with cost effectiveness and timeliness of Ramsey County’s performance. The policy text is not included in the Chapter, but rather, the Chapter only indicates that a policy was adopted and is “on file in the Clerk-Administrator’s office for public review”. During review and revisions to the Snow and Ice Control Policy, City staff questioned why the policy was codified. The purpose of city codes is to regulate people and private property and establish penalties if these regulations are violated. Snow plowing and ice control is a city- provided service and does not fall under these categories. The City Council approved the first reading of Ordinance 866 on November 14, 2011. This ordinance will replace the entire Chapter 901 with a new Chapter 901 entitled “Reserved”. This will keep Title 900 chapters (901-911) in a logical sequence and allow Chapter 901 to be reused for future code additions. Recommendation: Staff recommends that the City Council approve the second reading and adoption of Ordinance 866. If adopted, the ordinance will be published in the December 8, 2011 edition of the Sun-Focus newspaper. The ordinance will take affect 30 days after publication – tentatively planned for January 7, 2012. Respectfully submitted, Nick DeBar - Public Works Director Attachment: • Ordinance 866 ORDINANCE NO. 866 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900 BY DELETING CHAPTER 901 OF THE CITY CODE PERTAINING TO THE SNOW AND ICE CONTROL POLICY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 900 by deleting Chapter 901 in its entirety and adding in its place the following: CHAPTER 901 RESERVED SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On November 28, 2011, the Mounds View City Council adopted Ordinance 866, an ordinance that deletes Chapter 901 of the Mounds View City Code pertaining to the Snow and Ice Control Policy. This policy was originally adopted via Ordinance 451 on December 27, 1988. A Snow Plowing and Ice Control Policy was adopted by Resolution 7855 on November 14, 2011 and replaces the old policy. The deleted chapter will be reserved for future use. The ordinance is on file and available for public viewing at the office of the City Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its publication. First reading and introduction by the Mounds View City Council on November 14, 2011. Second reading and adoption by the Mounds View City Council on November 28, 2011. Published in the official City newspaper on December 8, 2011. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (SEAL) Item No: 07C Meeting Date: Nov 28, 2011 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 865, an Ordinance Regulating the Possession, Sale and Consumption of Tobacco and Tobacco Related Devices and Products within the City of Mounds View. (ROLL CALL VOTE) Introduction: On May 9, 2011, the City Council adopted Interim Ordinance 859 establishing a temporary moratorium on new tobacco products licenses and zoning approval for a period not to exceed 12 months to give the City sufficient time to review the current laws, model ordinance language, zoning issues and licensing matters. Since that time, staff has been working with representatives from the Ramsey Tobacco Coalition to review model language they prepared with the League of Minnesota Cities and the Public Health Law Center for purposes of incorporating the same or similar language into the City’s code. At the October work session, the City Council reviewed a draft ordinance prepared by Kennedy & Graven based in large part on the model ordinance created by the League of Minnesota Cities, the Ramsey Tobacco Coalition and the Public Health law Center. The only revisions proposed at that meeting were to expand the sampling allowance to include all tobacco shops, present and future, as long as sampling was limited to cigars, and, to establish an hours of operation for tobacco businesses. The ordinance was presented for a public hearing and first reading on November 14, 2011. All licensees were notified regarding the proposed revisions and provided with an opportunity to submit comments and/or address the Council. (A representative from Tobacco View, located at Mounds View Square, attended the meeting.) Discussion: While many businesses sell tobacco products as part of their retail operation, only two businesses in the City—Vino and Stogies and Tobacco View—are licensed solely for tobacco sales. According to MN Statutes, in such businesses a customer is allowed to sample the tobacco products under certain conditions. Vino & Stogies allows the sampling of cigars in their establishment while sampling does not appear to occur at Tobacco View. As reported on October 3, 2011, the Vino & Stogies owner indicated that the sampling of cigars was integral to his operation and retaining such an allowance would be critical to the success of his business, as many customers will not purchase quantities of product without sampling first. After discussing the issue at the work session, the Council directed that the sampling provision, limited to cigars only, should apply to ALL tobacco shops, present and future, subject to all limitations expressed in MN Statutes and the ordinance. The ordinance presently reflects this expanded allowance. Ord 865 Report November 28, 2011 Page 2 During the discussion at the ordinance’s first reading on November 14, 2011, the City Council suggested clarification was needed in Section 512.03, Subds. 11 and 12, regarding proximity to youth oriented facilities and other tobacco establishments. The version of the ordinance attached for second reading includes a new subd 13 which indicates that the proximity requirements apply only to NEW licensed establishments, not to existing licensed businesses that may be sold or otherwise fall under new management, unless the license lapses for more than 12 months. In addition, in response to Council direction provided at the first reading and introduction of the ordinance, the hours of operation were changed to be consistent with the start times of two existing tobacco-only businesses, that being 9 am. This provision is found in Section 512.06, Subdivision 7, regarding “Prohibited Sales.” Recommendation: Staff recommends Council approval of the second reading and adoption of Ordinance 865 which incorporates language prepared by the Ramsey Tobacco Coalition, League of Minnesota City and the Public Health Law Center. Respectfully submitted, ________________________ James Ericson City Administrator Attachment: 1. Ordinance 865 ORDINANCE NO. 865 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE REGULATING THE POSSESSION, SALE AND CONSUMPTION OF TOBACCO AND TOBACCO RELATED DEVICES AND PRODUCTS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: Section 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 512 of the Mounds View City Code, regulating the sale or distribution of cigarette and tobacco products within the City through the issuance of a tobacco license, by deleting the Chapter in its entirety. Section 2. The City Council of the City of Mounds View hereby amends Title 500 by adding a new Chapter 512 of the Mounds View City Code to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices through the issuance of a tobacco license and other regulations relating thereto, as follows: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS SECTION: 512.01: Purpose and intent 512.02: Definitions 512.03: License 512.04: Fees 512.05: Basis for denial of license 512.06: Prohibited sales 512.07: Self-service sales 512.08: Responsibility 512.09: Compliance checks and inspections 512.10: Other illegal acts 512.11: Violations and penalty 512.12: Suspension or revocation 512.13: Exceptions and defenses 512.14: Severability Ord 865 Page 2 512.01: PURPOSE AND INTENT: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco- related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study “Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997,” and of the following medical professionals in these medical journals: Khuder SA, et al., “Age at Smoking Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October 1999; D’Avanzo B, et al., “Age at Starting Smoking and Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, “Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. 512.02: DEFINITIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. Subd. 2. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. Ord 865 Page 3 Subd. 3. INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Subd. 4. LOOSIES. The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term “loosies” does not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar. Subd. 5. MINOR. Any natural person who has not yet reached the age of 18 years. Subd. 6. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 7. NICOTINE OR LOBELIA DELIVERY DEVICES. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Subd. 8. RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. Subd. 9. SALE. Any transfer of goods for money, trade, barter or other consideration. Subd. 10. SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. Subd. 11. SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. Ord 865 Page 4 Subd. 12. TOBACCO or TOBACCO PRODUCTS. Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Subd. 13. TOBACCO-RELATED DEVICES. Tobacco-related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. Subd. 14. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. 512.03: LICENSE: Subd. 1. License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. Subd. 2. Application. An application for a license to sell tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Administrator shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 3. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. Subd. 4. Term. The license is effective from July 1st to June 30th of each year. Ord 865 Page 5 Subd. 5. Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in Section 512.12. Subd. 6. Transfers. All licenses issued under this Chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 7. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section. Subd. 8. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 9. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. Subd. 10. Issuance as privilege and not a right. The issuance of a license issued under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Subd. 11. Proximity to youth-oriented facilities. No license shall be granted pursuant to this Chapter to any person for any retail sales of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices within 1,000 feet of any school, playground, house of worship, or youth-oriented facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth-oriented facility, unless that person has been in the business of selling such products in that location before the date this Chapter was enacted into law for at least one year. For the purpose of this section, a youth-oriented facility is defined to include any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Subd.12. Proximity to other tobacco retailers. No license shall be granted pursuant to this Chapter to any person for any retail sales of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices within 2,000 feet of any other establishment holding such a license, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. Subd. 13. Proximity limitation. The proximity limitations referenced in Subdivisions 11 and 12 of this Section shall only apply to new licenses approved after January 1, 2012, and shall not apply to renewals and approved transfers. Any license allowed to lapse for more than a twelve month period shall be considered a new license for purposes of this subdivision. Ord 865 Page 6 Subd. 14. Smoking. a. Smoking shall not be permitted and no person shall smoke within the indoor area of any retail establishment with a tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. b. Notwithstanding paragraph (a), pursuant to Minnesota Statutes, Section 144.4167, subdivision 4, tobacco may be lit in a retail establishment if all of the following circumstances are met: 1. The smoking is by a customer or potential customer, who is not a minor, for the specific purpose of sampling cigars; 2. The retail establishment has an entrance door opening directly to the outside; 3. The retail establishment is not a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license; and 4. The retail establishment derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. 512.04: FEES: No license shall be issued under this Chapter until the appropriate license fee shall be paid in full. The fee for a license under this Chapter shall be established in the City's Fee Schedule, as it may be amended from time to time. 512.05: BASIS FOR DENIAL OF LICENSE: Subd. 1. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: a. The applicant is under the age of 18 years. b. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. c. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any information required on the application, or provides false or misleading information. Ord 865 Page 7 e. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. Subd. 2. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. Subd. 3. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 512.06: PROHIBITED SALES: It shall be a violation of this Chapter for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: Subd. 1. To any person under the age of 18 years. Subd. 2. By means of any type of vending machine. Subd. 3. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby the there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. Subd. 4. By means of loosies as defined in Section 512.02. Subd. 5. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Subd. 6. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subd. 7. Such sales are prohibited before 9:00 A.M. and after 10:00 P.M. at any retail establishment that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco related products, and tobacco-related devices. Ord 865 Page 8 512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices at the time this Chapter is adopted shall comply with this section within 90 days following the effective date of this Chapter. 512.08: RESPONSIBILITY: All licensees under this Chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Chapter, state or federal law, or other applicable law or regulation. 512.09: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Chapter shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. 512.10: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a violation of this Chapter: Subd. 1. Illegal sales. It shall be a violation of this Chapter for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. Ord 865 Page 9 Subd. 2. Illegal possession. It shall be a violation of this Chapter for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal use. It shall be a violation of this Chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. Subd. 4. Illegal procurement. It shall be a violation of this Chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Chapter for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 512.11: VIOLATIONS AND PENALTY: Subd. 1. Licensees: If a licensee or an employee of a licensee violates any provision of this Chapter, the licensee shall be charged an administrative penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of a licensee violates any provision of this Chapter a second time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of four hundred dollars ($400.00). If a licensee or an employee of a licensee violates any provision of this Chapter a third time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of five hundred dollars ($500.00). No penalty under this Subdivision shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested by the licensee within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Individuals: Any person who sells tobacco to a person under the age of eighteen (18) years shall be charged an administrative penalty of one hundred dollars ($100.00) for a first offense and fifty dollars ($50.00) additional for every subsequent offense. This penalty shall be in addition to the penalty charged under Section 512.11, Subd. 1. No penalty under this Subdivision, shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on Ord 865 Page 10 how and where a hearing may be requested. The hearing must be requested within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Section has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Subd. 4. Minors. Any person under the age of eighteen (18) years who purchases, possesses, or consumes tobacco shall be treated as follows: for a first offense the violator will be referred to Northwest Youth and Family Services, and be required to complete NYFS's Tobacco Education Program, and pay the related fees or expenses. A second violation will result in an administrative penalty of fifty dollars ($50.00), and will also result in a referral to Northwest Youth and Family Services for monitored community service. Third or subsequent violations will be referred to the Ramsey County Attorney's Office, Juvenile Court Division, for prosecution. Failure to comply with the requirements set forth above for a first or second offense will result in an immediate referral to the Ramsey County Attorney's Office for prosecution through the Juvenile Court Division. Subd. 5. Other individuals. Other individuals, other than minors as regulated by Subd. 4 of this Section, found to be in violation of this Chapter, shall be charged an administrative fine of $50. Subd. 6. Defenses. It shall be an affirmative defense to a charge of selling tobacco or tobacco related devices to a person under the age of eighteen (18) years in violation of this Section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. 512.12: SUSPENSION OR REVOCATION: Subd. 1. In addition to any other penalty imposed under Section 512.11, any license issued under this Chapter may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard. A second violation within twelve (12) months of the initial violation shall result in a suspension of not less than three (3) consecutive days. A third violation within twenty four (24) months of the initial violation shall result in a suspension of ten (10) consecutive days. A fourth violation within twenty four (24) months of the initial violation shall result in revocation of license for ninety (90) consecutive days, and shall require a hearing before the City Council. Subd. 2. Hearing and Notices. Suspension or revocation of a license shall be preceded by a hearing before the City Council. A hearing notice shall be delivered to the licensee at least ten (10) days prior to the hearing. The hearing notice shall state the time and place of the hearing and the nature of the charges against the licensee. Judicial appeal shall be as provided for by state law. 512.13: EXCEPTIONS: Nothing in this Chapter shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. Ord 865 Page 11 512.14: SEVERABILITY: If any section or provision of this ordinance is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On November 28, 2011, the City Council adopted Ordinance 865 that deletes the existing Chapter 512 of the City Code pertaining to the licensing of retail tobacco establishments and in its place adopts new tobacco licensing provisions relying in large part on the model language developed and supported by the Ramsey Tobacco Coalition, the League of Minnesota Cities, and the Public Health law Center. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on November 14, 2011. Second Reading and Adoption by the Mounds View City Council on November 28, 2011. Publication Date: December 8, 2011 Joe Flaherty, Mayor Attest: ______________________________ James Ericson City Administrator (seal) HEALTH INSURANCE “OPT-OUT” PROGRAM WAIVER APPLICATION I, _________________________, in consideration of the sum of $200 per month, hereby waive my eligibility to obtain health insurance (medical only) from the City of Mounds View for the period of January 1, ______ through December 31, _______. I hereby acknowledge that my decision not to participate in the City’s health plan is made voluntarily, and that I have provided the City with proof of health insurance from another provider. I further acknowledge that for the period of January 1, _____ to December 31,_____ I am only eligible to re-enroll in the City’s health insurance plan if one of the below listed qualifying events occurs: a. Marriage or divorce b. Birth or adoption of a child c. Death of a family member d. Lack of other coverage through no fault of the employee or subscriber e. Change in hours, which results in change of employment status To re-enroll, I must notify the Assistant City Administrator within thirty (30) days of one of the qualifying events listed above. ________________________ _______________________ Print Name Signature Item No: 7D Meeting Date: November 28, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7859, Approving Cost of Living Adjustment/Insurance Adjustment Contribution for Non- Union Employees and Approving the Health Insurance Opt- Out Program Background: The City Council has traditionally awarded the same Cost of Living Adjustment (COLA) and insurance contribution to all employee groups in order to maintain internal equity. At the November 7, 2011, closed Executive Session, Staff and the City Council discussed a Health Insurance Opt-Out Program. Essentially the program would pay a City employee to NOT be on the City’s health care plan as long as the employee provides proof of health insurance through other means. During the Executive Session, it was the consensus of the City Council to approve a $200 per month stipend to employees who wish to opt-out of the City’s health insurance. Discussion: Based upon direction of the City Council, Staff recommends a COLA increase of 1.5% and a monthly insurance contribution of $917.33 for all non-union employees, effective January 1, 2012. This is the same contribution currently being negotiated to all bargaining groups. Also based upon the direction of the City Council, Staff recommends adding the following language below to Section 3.15 of the City’s Personnel Manual in regard to the Health Insurance Opt-Out Program: Health Insurance “Opt-Out” Program Employees who are eligible to participate in the City’s health insurance program may, with proof of other comprehensive health coverage, elect not to participate in the City’s health insurance plan. Opting out of the City’s health insurance plan may be done by completing a Health Insurance “Opt-Out” Program Waiver Application, and by providing the City with proof of health insurance from another provider. Proof of other health insurance includes an insurance card, or enrollment verification that indicates coverage is, or will be, in effect on or before the termination date from the City’s health insurance. Employees who opt out will be compensated on a monthly basis as approved by Resolution by the City Council. Item 07D November 28, 2011, City Council Meeting Page 2 It was the consensus of the City Council at the November 7, 2011, Executive Session, to compensate employees who opt out of the City’s health insurance at $200 per month, effective January 1, 2012. This stipend will be reviewed and approved by resolution annually by the City Council. Employees may re-enroll in the City’s health insurance plan if a qualifying event occurs. Qualifying events include: a. Marriage or divorce b. Birth or adoption of a child c. Death of a family member d. Lack of other coverage through no fault of the employee or subscriber e. Change in hours, which results in change of employment status Attached is the City’s Health Insurance “Opt-Out” Program Waiver Application for your reference. Recommendation: Staff recommends approval of Resolution 7859, approving a 1.5% COLA adjustment and a monthly insurance contribution of $917.33, effective January 1, 2012 for all non- union employees. Further, Staff recommends adding The Health Insurance “Opt-Out” Program to Section 3.15 of the Personnel Manual and approve a $200 per month stipend to employees who opt out of the City’s health insurance plan, effective January 1, 2012. Respectfully submitted, Desaree Crane RESOLUTION 7859 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A COST OF LIVING ADJUSTMENT (COLA)/ INSURANCE CONTRIBUTION ADJUSTMENT FOR NON-UNION EMPLOYEES AND APPROVING THE HEALTH INSURANCE “OPT-OUT” PROGRAM WHEREAS, the Personnel Compensation Schedule must be annually approved by Council Resolution; and WHEREAS, the City Council has traditionally awarded the same cost of living adjustment and insurance contribution to all employee groups in order to maintain internal equity; and WHEREAS, based upon direction of the City Council, Staff recommends a COLA increase of 1.5% and a monthly insurance contribution of $917.33 for all non-union employees, effective January 1, 2012; and WHEREAS , based upon the direction of the City Council, Staff recommends adding the following language below to Section 3.15 of the City’s Personnel Manual in regard to the Health Insurance Opt-Out Program: Health Insurance “Opt-Out” Program Employees who are eligible to participate in the City’s health insurance program may, with proof of other comprehensive health coverage, elect not to participate in the City’s health insurance plan. Opting out of the City’s health insurance plan may be done by completing a Health Insurance “Opt-Out” Program Waiver Application, and by providing the City with proof of health insurance from another provider. Proof of other health insurance includes an insurance card, or enrollment verification that indicates coverage is, or will be, in effect on or before the termination date from the City’s health insurance. Employees who opt out will be compensated on a monthly basis as approved by Resolution by the City Council; and WHEREAS, the Health Insurance “Opt-Out” Program is voluntary; and WHEREAS, it is the consensus of the City Council to approve a $200 per month stipend for employees who are eligible to participate in the Health Insurance “Opt-Out” Program. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council hereby approves a 1.5% Cost of Living Adjustment (COLA) effective January 1, 2012, and a monthly insurance contribution of $917.33 for all non-union employees, effective January 1, 2012. Resolution 7859 Page 2 NOW, THEREFORE BE IT FURTHER RESOLVED, that the Mounds View City Council hereby approve the Health Insurance “Opt-Out Program” and authorize eligible non-union employees a $200 per month stipend for opting out of the City’s health insurance plan. NOW, THEREFORE BE IT FINALLY RESOLVED, that the Mounds View City Council approves a revision to Section 3.15 of the Personnel Manual to include the following language: Health Insurance “Opt-Out” Program Employees who are eligible to participate in the City’s health insurance program may, with proof of other comprehensive health coverage, elect not to participate in the City’s health insurance plan. Opting out of the City’s health insurance plan may be done by completing a Health Insurance “Opt-Out” Program Waiver Application, and by providing the City with proof of health insurance from another provider. Proof of other health insurance includes an insurance card, or enrollment verification that indicates coverage is, or will be, in effect on or before the termination date from the City’s health insurance. Employees who opt out will be compensated on a monthly basis as approved by Resolution by the City Council; and Adopted this 28th day of November, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No. 7.E. Meeting Date: November 28, 2011 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7860 Committing Community Center Special Revenue Fund Balance for Future Building Maintenance Background: The Governmental Accounting Standards Board (GASB) passed GASB Statement 54 in February, 2009. The effective date was for financial statement periods beginning after June 15, 2010. The City uses a calendar year and would need to implement statement 54 for the financial statement period beginning January 1, 2011 and ending December 31, 2011. The new standard changes fund balance reporting and increases restrictions on the different fund types and what they can be used to account for. The City Council has previously taken steps to adopt GASB Statement 54 by closing the Levy Reduction Fund and reclassifying the Vehicle and Equipment Special Revenue Fund as a capital project fund. The City Council also committed a portion of the General Fund Balance for future levy reduction. Discussion: The Community Center Fund is a special revenue fund and represents the activities of the Community Center. The City has contracted with the YMCA to staff and operate the facility and to provide community programming opportunities. The contract requires the City to budget and provide resources for the maintenance of the Community Center and to maintain a five year capital plan. If the City Council wishes to continue to maintain a separate fund for the Community Center operations the City Council would need to commit the fund balance for future building maintenance. The alternative is this activity would be moved into the General Fund. The attached resolution will “Commit” fund balance for future building maintenance in the Community Center Special Revenue Fund. Conclusion Staff recommends approval of resolution 7860 authorizing the commitment of fund balance. Respectfully Submitted, Mark Beer, Finance Director RESOLUTION NO. 7860 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Committing Community Center Special Revenue Fund Balance for Future Building Maintenance WHEREAS, the City desires to maintain accounting records that follow Generally Accepted Accounting Principles (GAAP); and WHEREAS, Governmental Accountings Standards Board Statement 54 - Fund Balance Reporting and Governmental Fund Type Definitions requires the City to change how fund balance is reported; and WHEREAS, the Community Center Special Revenue Fund is operated by an outside contractor; and WHEREAS, the contract requires the City to budget and accumulate sufficient resources to maintain the facility in good condition; and WHEREAS, the City Council would like to “Commit” the Community Center Special Revenue Fund balance for future building maintenance of the facility in conformance with contractual provisions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the Community Center Special Revenue Fund Balance is Committed for future maintenance of the facility. Adopted this 28th day of November 2011. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ Jim Ericson, City Administrator (SEAL) Item No: 7F Meeting Date: November 28, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7861, Authorizing Stork Twin City Testing Corporation to Perform a Preliminary Geotechnical and Environmental Evaluation for Area E of the Street and Utility Improvement Program Background/Discussion: The City Council authorized Stantec (formerly Bonestroo) to perform engineering services for the design phase of Area E of the Streets and Utilities Improvement Program on September 26, 2011 (Res. 7831). A geotechnical and environmental evaluation of subsurface conditions is customarily performed for any project with land disturbing activities. This evaluation will provide recommendations to be incorporated into the engineering design of pavements, utilities, and infiltration basins. Three qualified geotechnical firms were solicited to provide the following services: • 10 borings in the street (6’ depth) to determine existing typical section; • 3 borings in the street (15’ depth) to determine soil conditions for sanitary sewer replacement; • 11 boulevard soil borings (6’ depth) to determine suitability for infiltration feature; • 1 boulevard boring (15’ depth) to determine soil conditions for sanitary sewer replacement and suitability for infiltration feature; • Gradation test per each (qty 2-3). Gradations will be required for the boulevard borings if an SM soil is encountered below 30” from the surface; • Engineering report with recommended R-value for Sunnyside Road, which is a designated Municipal State Aid roadway; and • Test material in the top portion of the road borings only for Diesel Range Organics (DRO), including: Costs for an environmental technician to be on Site during the borings in the street to monitor the materials in the upper 2 feet at each location. Documentation of soil discoloration and odors if detected. Obtain one soil sample from each street boring in the upper 6” to 12” range and the upper 18” to 24” range (i.e. two samples per boring) for chemical analysis. Analyze samples in upper 6” to 12” range for DROs. If DROs are present at a given location, and after notifying the City/Bonestroo, analyze the sample for the same location that was taken from the 18” to 24” range. Provide these costs on a per each basis, as the number of tests will be dependent on what is found in the upper sample. Analyze two of the samples collected from the street borings for PCBs, VOCs, and the 8 RCRA metals in anticipation of possible offsite disposal. Staff received two proposals for the geotechnical work: Stork Twin City Testing Corporation for $5,882 and Braun Intertec Corporation for $10,686. Recommendation: Staff recommends that the City Council consider adopting the attached Resolution authorizing Stork to perform a preliminary geotechnical and environmental evaluation for the Area E project. Staff further recommends a 10% contingency ($618) be added to Stork’s fee if field conditions warrant additional investigation, for a budget amount not to exceed $6,500. Any additional work associated with this contingency will be pre-approved by the Public Works Director. If adopted, Stork is expected to begin work immediately. Respectfully submitted, Nick DeBar - Public Works Director RESOLUTION 7861 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING STORK TWIN CITY TESTING CORPORATION TO PERFORM A PRELIMINARY GEOTECHNICAL AND ENVIRONMENTAL EVALUATION FOR AREA E OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Project areas identified as Areas A through I totaling 25.9 miles of streets; and WHEREAS, Areas A through D have been constructed or are under construction and total 11.4 miles of the Program; and WHEREAS, Area E of the Program is the next project Area to be constructed and is programmed for a 2012 construction season; and WHEREAS, the City Council authorized Stantec to perform topographic surveying on August 8, 2011 (Res. 7818) and to perform engineering design and prepare bidding documents on September 26, 2011 (Res. 7831) for Area E of the Program; and WHEREAS, City staff solicited fee proposals from three qualified geotechnical engineering firms and received two proposals for $5,882 and $10,686; and WHEREAS, Stork Twin City Testing Corporation (Stork) of St. Paul, Minnesota provided the lowest fee proposal and City staff recommends Stork to perform a preliminary geotechnical and environmental evaluation for the Area E project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Stork Twin City Testing Corporation is authorized to perform a preliminary geotechnical and environmental evaluation for Area E of the Street and Utility Improvement Program. Compensation will be on a lump sum basis for $5,882. 2. Upon satisfactory review by the City Attorney, the Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to enter into agreement with Stork Twin City Testing Corporation for said services at said compensation. 3. A 10% contingency of $618 is approved for additional testing that may be required, for a budget amount of $6,500 for said services. Additional testing will be pre-approved by the Public Works Director. 4. Payment for the above said work shall be paid for from Account 430-4650-7050-314. Adopted this 28th day of November, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) .Item No: 7G Meeting Date: November 28, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7862, Authorizing Badger State Coating Specialists to Remove Abandoned Telecom Equipment from the Elevated Water Tower Background: The City’s 500,000-gallon elevated, fluted-column water tower was constructed in 1992. At that time, Mounds View had two water towers and dismantled both after constructing the current one. The water tower paint coating was inspected and had spot repairs done in 2003. Properly installed paint coatings should provide 15 to 20 years of service life. The tower is nearly 20 years old and is scheduled to be reconditioned (repainted) next year. A public bid is planned to occur in early 2012. The City has leases with a number of telecommunication companies that allow these companies to install their equipment on the water tower. This telecom equipment has to be removed and relocated prior to the commencement of work by the contractor that will be hired by the City. Each telecom company is responsible to remove, relocate, and reinstall their equipment as part of the reconditioning project. However, there exists abandoned telecom equipment installed on and inside the water tower that the City no longer has lease agreements. Most of this abandoned equipment is associated with MetroCom Wireless – a company no longer in business. Metricom Wireless went bankrupt around 2002 and the City received a $3,500 settlement outside of the bankruptcy proceedings that was accepted by the City Council on March 10, 2003. Their equipment on the tower was abandoned and never removed. Discussion: The City is stuck with the task of removing any abandoned telecom equipment not belonging to current lessees from the tower prior to reconditioning activities. Public Works has been working with Badger State Coating Specialists to identify this abandoned equipment and obtained the following scope of work and associated costs from them: 1. Remove and dispose 15 abandoned antennas and associated brackets, coax cables, ground wires, and stud welds. Cost: $5,500 2. Remove and dispose approximately 40 stud-welded “Z”-brackets, including cutting and grinding the stud welds flush with the surface and removing any abandoned ground wires, busses, and other unused associated antenna equipment. Cost: $3,000 3. Remove and dispose 5 abandoned coax cables that are cut off near ground level and routed to the tower roof. Cost: $1,000 Total Combined Cost: $9,500 Recommendation: Staff recommends that the City Council consider adopting the attached resolution authorizing Badger State Coating Specialists to remove the abandoned telecom equipment from the water tower. A 10% contingency ($950) is further recommended in the event that other abandoned equipment is found during removal operations, for a budget amount not to exceed $10,450. Respectfully submitted, Nick DeBar - Public Works Director RESOLUTION 7862 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING BADGER STATE COATING SPECIALISTS TO REMOVE ABANDONED TELECOM EQUIPMENT FROM THE ELEVATED WATER TOWER WHEREAS, the 500,000 gallon elevated water tower nearly twenty years old and in need of interior/exterior coating replacement and structural modifications and repairs to comply with current OSHA requirements; and WHEREAS, reconditioning of the water tower is planned to occur in 2012; and WHEREAS, telecommunication equipment installed on the water tower will need to be removed by the individual telecommunication companies prior to reconditioning work at the expense of the telecom companies; and WHEREAS, there exists telecommunication equipment on the water tower that has been abandoned by telecommunication companies no longer in business; and WHEREAS, Badger State Coating Specialists LLC has assisted the City with identifying the abandoned telecom equipment needing removal; and WHEREAS, Badger State Coating Specialists LLC provided a quote proposal for $9,500 to remove and dispose of abandoned antennas, brackets, coax cables, ground wires and busses, stud welds, and other associated items from the water tower. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The quote proposal submitted by Badger State Coating Specialists, LLC to remove and dispose of abandoned telecom equipment from the water tower is hereby accepted by the City. Compensation will be on a lump sum basis of $9,500 for said services. 2. The Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to enter into agreement with Badger State Coating Specialists LLC for said services at said price. 3. A 10% contingency of $950 is approved in the event that other abandoned equipment is identified during removal operations. The use of contingency monies will require pre- approval by the Director of Public Works. Adopted this 28th day of November, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No. 8.A. Meeting Date: November 28, 2011 Type of Business: Consent Agenda Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7858 Electing to Retain the Statutory Tort Limit on Liability for the 2012 Insurance Policies Minnesota Statutes 466.04 provides a limit on municipal tort liability claims. The attached statute is for the Council’s reference. Cities have the option of waving this limit if they purchase insurance policies with larger maximum coverage. There is no reason why the City of Mounds View should waive the statutory limit on tort liability. Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort limit. The decision must be made by the City Council before the effective date of the coverage. The attached resolution declares that the City of Mounds View does not waive the statutory limit on tort liability. Respectfully Submitted, Mark Beer, Finance Director RESOLUTION NO. 7858 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ELECTING TO RETAIN THE STATUTORY TORT LIMIT ON LIABILITY FOR THE 2012 INSURANCE POLICIES WHEREAS, the City of Mounds View is currently making application for insurance policies to cover the period of January 1, 2012 through December 31, 2012; and WHEREAS, Minnesota Statute 466.04 requires that the City Council elect to not waive the monetary limits on municipal tort liability prior to the effective date of the coverage; and WHEREAS, Waiving the statutory tort limit on liability claims is not in the best interest of the City of Mounds View. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds View, that the statutory tort limit on municipal tort liability is not waived. Adopted this 28th day of November 2011. Joe Flaherty, Mayor ATTEST: Jim Ericson, City Administrator (SEAL) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: November 7, 2011 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:00 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER AT 6:00 p.m. 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn. City Administrator Ericson, and Finance Director Beer A motion was made by Councilmember Carol Mueller, seconded by Councilmember Al Hull, to recess into executive closed session for the purposes of reviewing and responding to labor negotiation issues pursuant to Minnesota State Statutes, Section 13D.03. Vote: 5-0 3. Review Status of Labor Negotiations and Formulate Responses to Bargaining Groups for 2011, 2012, and 2013 Contract Periods. City Administrator Ericson updated the City Council on the negotiation status of all City bargaining group contracts. City Staff discussed City potential benefits that would affect the City’s bargaining agreements to include, Gym Membership “Buy Up” Program, Police K9 Handler Compensation, Health Insurance “Opt Out” Stipend, HSA Contributions, and 2013 City insurance contributions. City Council provided City Staff feedback. 4. MEETING ADJOURNED FROM EXECUTIVE SESSION AT 7:00 p.m. Respectfully Submitted: Desaree M. Crane Assistant City Administrator 2011 Q3 REPORT PUBLIC WORKS DEPARTMENT To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Date: November 28, 2011 Administration/Engineering: PW Administration – overall administrative activities for department Revised position description for Sanitary Sewer Maintenance Worker Rehired Sanitary Sewer Maintenance Worker (45 applications/10 interviews) 2 Street and Utility Committee meetings 3 Parks and Recreation and Forestry Commission meetings Numerous general department and project-related phone calls 2012 draft budget updates Engineering/Information Systems – land/asset management, projects, inspections, IS activities Project coordination and management Record drawing management Reviewed 3 ROW permits Continue development of GIS base mapping – focusing on drinking water and sanitary sewer systems and traffic signs Coordinated with Roseville i-net and computer replacements Projects 2010 Street & Utility Improvement Project – Area B/C (final completion) Final completion activities involving turf restoration and infiltration basins 2011 Street & Utility Improvement Project – Area D (construction) 12 Weekly Progress Meetings Private Improvement applications Assisted with inspections Limited Use Agreement with MV Estates 2012 Street & Utility Improvement Project – Area E (design) Solicited and negotiated engineering services with Stantec – approx. $258K savings (authorized by Council) Non-standard street issues (Lambert Park parking layout approved by Council) 2011 Electrical Modifications to Municipal Well 2 (construction) 80-kW Emergency Generator for City Hall (installation) 2011 Reroofing of City Hall and Well House No. 5 & 6 (bid, award, construction) 2011 Traffic Signal at Silver Lake Road & County Road H (complete) Lambert Park Shelter Demo/Construction (design, bid, award, construction) Mustang Drive Improvements (planning) Wellhead Protection Program (planning-stage 1 complete) Operation & Maintenance: General O&M 35 call-back events Safety Committee activities Budget considerations Drinking Water - supply, treat, store, and distribute drinking water 156.5 million gallons pumped watermain / water service breaks 24 water samples taken Gopher State One Call locates (includes countless hours of locating for street project) State samples for Lead and Copper Quarterly Water Readings Completed the remaining 20% of valves to be checked for operation 2011 Q3 Report | Public Works Department Page 2 Brought hydrant nozzle sections to Central Sandblasting for blasting, priming, & painting (in- house) Raised hydrants to proper height and fabricated hydrant parts for raising hydrants Meter repair appointments (sent out 61 repair notice letters) Shut off water services for internal repairs Residential water tests Hydrant flow test Cleared brush from around Treatment Plant #1 Repaired lights on pathway from Silver Lake to County Rd I Cleaned and sharpened all chain saws Replaced broken contactor for well #1 air compressor Verified operation of all valves in Area E Cleaned bone yard area Wastewater Collection - collect and transport wastewater Cleaned 13.1 miles sanitary sewer Mailed root blockage notices to property owners 2 lift stations operated/maintained Televised problem sanitary sewer locations and re-televised some sewers in Area E Stormwater - collect and treat stormwater runoff, flood protection Cleared various storm drain inlet blocks from ice/snow Swept 43+ miles of streets Inspect catch basins and storm sewer in Area B/C for warrantee issues Inspect/evaluate stormwater infiltration basin performance Cleaned all City-owned stormwater pond outfalls and control structures Streets & Trails - manage pavements, snow/ice control, traffic control, street lights street repair/patching Mailbox post construction for Area D Repair and replace street signs Parks & Park Facilities - maintain park land, shelters, amenities, athletic/recreation facilities 5 park buildings/shelters operated/maintained General building and grounds maintenance. Drag ball fields and warning tracks. Mowing and mulching at all 10 parks and City owned green space (145 acres). Some preventative weed control. Soccer fields layout and painting. Irrigation repairs. Sweeping trail ways and sidewalks (multiple occurrences) Aeration of all athletic field playing surfaces. Fertilizing parks and common areas, any turf areas. Disc golf hole # 7 relocation. This was done to preserve a Bur Oak Grove. Leaf pickup at all parks and city green space. Drinking fountain shutoff and valve removal. Light bulb inventory. Start looking at mower’s and other field maintenance equipment for needed maintenance and parts replacement. Working on plans for Lambert Park facelift and shelter replacement. Planted saplings along pathways and sidewalks with Forester. Watered younger trees with tanker periodically because of drought conditions Branch pickup after high wind events and anytime Forester did trimming in parks or boulevards (multiple times) Buildings & Grounds – maintain and repair buildings and grounds maintained 100,000+ sq. ft. buildings 2011 Q3 Report | Public Works Department Page 3 HVAC repairs Roof leak repairs Carpet mold remediation at Community Center Vehicles & Equipment - maintain and repair vehicles and equipment 55+ City owned vehicles and heavy/highway equipment, including: 35+ cars/trucks maintained 3 plow trucks/1 water truck maintained 1 loader/1 backhoe/1 compactor maintained Evaluated departmental needs for vehicles, including replacement schedule City Forestry – maintain and improve city forestry Oak Wilt, Dutch Elm, EAB detections Tree trimming and removals EAB planning Department Expenditure Reports: Actual expenditures are tracking at or below budget amounts (see attached). Also, Area A and Area B/C are tracking below budgeted amounts. Respectfully submitted, ____________________________ Nick DeBar - Public Works Director Attachments: • 2011 Budget vs. Actual Expenditure Summary Worksheet 2011 BUDGET VS. ACTUAL EXPENDITURE SUMMARY WORKSHEET PUBLIC WORKS DEPARTMENT CITY OF MOUNDS VIEW As of September 30, 2011 % of year completed:75.0% Budget % YTD Budget Department/Expenditure Amount July August September Q3 YTD Budget Balance Parks (100-4360)363,464$ 37,859$ 24,740$ 25,275$ 87,874$ 224,857$ 61.9%138,607$ Personnel Services (0000-0999) 201,951$ 19,331$ 18,874$ 15,458$ 53,663$ 149,215$ 73.9% 52,736$ Materials & Supplies (1000-2999) 36,265$ 6,103$ 1,963$ 4,165$ 12,231$ 27,936$ 77.0% 8,329$ Contractual Services (3000-5999) 59,248$ 11,785$ 3,903$ 5,651$ 21,339$ 47,064$ 79.4% 12,184$ Capital Outlay (7000-7999)66,000$ 641$ -$ -$ 641$ 641$ 1.0%65,359$ Forestry (100-4380)55,000$ 5,078$ 6,252$ 6,144$ 17,473$ 32,451$ 59.0%22,549$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ -$ -$ Materials & Supplies (1000-2999) 3,000$ 53$ -$ -$ 53$ 796$ 26.5% 2,204$ Contractual Services (3000-5999) 52,000$ 5,025$ 6,252$ 6,144$ 17,420$ 31,655$ 60.9% 20,345$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Public Works Administration (100-4410)123,715$ 9,194$ 9,188$ 9,531$ 27,912$ 85,795$ 69.3%37,920$ Personnel Services (0000-0999) 120,652$ 9,194$ 9,188$ 9,432$ 27,813$ 85,031$ 70.5% 35,621$ Materials & Supplies (1000-2999) 600$ -$ -$ -$ -$ 81$ 13.6% 519$ Contractual Services (3000-5999) 2,463$ -$ -$ 99$ 99$ 683$ 27.7% 1,780$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Buildings & Grounds Maintenance (100-4460)133,854$ 8,606$ 6,494$ 11,482$ 26,582$ 95,729$ 71.5%38,125$ Personnel Services (0000-0999) 17,390$ 1,229$ 1,242$ 1,338$ 3,810$ 11,862$ 68.2% 5,528$ Materials & Supplies (1000-2999) 7,710$ 1,089$ 370$ 1,461$ 2,920$ 3,880$ 50.3% 3,830$ Contractual Services (3000-5999) 108,754$ 6,288$ 4,882$ 8,682$ 19,851$ 78,636$ 72.3% 30,118$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ 1,352$ (1,352)$ Vehicle & Equipment Maintenance (100-4465)86,259$ 6,751$ 6,591$ 6,206$ 19,549$ 65,134$ 75.5%21,125$ Personnel Services (0000-0999) 41,029$ 3,006$ 3,006$ 3,124$ 9,135$ 28,805$ 70.2% 12,224$ Materials & Supplies (1000-2999) 26,410$ 2,090$ 2,723$ 2,982$ 7,794$ 21,593$ 81.8% 4,817$ Contractual Services (3000-5999) 18,820$ 1,656$ 863$ 101$ 2,620$ 14,735$ 78.3% 4,085$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Street Pavement Management (100-4470)380,501$ 16,060$ 27,034$ 14,464$ 57,558$ 146,742$ 38.6%233,759$ Personnel Services (0000-0999) 133,108$ 11,297$ 10,750$ 10,728$ 32,776$ 96,766$ 72.7% 36,342$ Materials & Supplies (1000-2999) 36,750$ 3,837$ 12,882$ 2,410$ 19,129$ 33,708$ 91.7% 3,042$ Contractual Services (3000-5999) 19,643$ 926$ 3,402$ 1,325$ 5,653$ 11,993$ 61.1% 7,650$ Capital Outlay (7000-7999)191,000$ -$ -$ -$ -$ 4,275$ 2.2%186,725$ Street Snow & Ice Control (100-4472)122,712$ 6,176$ 5,481$ 6,264$ 17,921$ 78,187$ 63.7%44,525$ Personnel Services (0000-0999) 82,729$ 6,044$ 5,395$ 6,204$ 17,643$ 60,180$ 72.7% 22,549$ Materials & Supplies (1000-2999) 37,830$ 131$ 86$ 61$ 278$ 16,876$ 44.6% 20,954$ Contractual Services (3000-5999) 2,153$ -$ -$ -$ -$ 1,132$ 52.6% 1,021$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Street Sign Maintenance (100-4475)36,594$ 2,648$ 2,419$ 2,777$ 7,843$ 23,201$ 63.4%13,393$ Personnel Services (0000-0999) 28,630$ 2,219$ 2,220$ 2,540$ 6,980$ 21,249$ 74.2% 7,381$ Materials & Supplies (1000-2999) 5,214$ 255$ 31$ 71$ 357$ 661$ 12.7% 4,553$ Contractual Services (3000-5999) 2,750$ 174$ 167$ 165$ 507$ 1,291$ 46.9% 1,459$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Drinking Water - Billing Services (700-4820)410,150$ 11,567$ 3,324$ 3,563$ 18,455$ 273,032$ 66.6%137,118$ Personnel Services (0000-0999) 42,592$ 3,170$ 3,170$ 3,183$ 9,523$ 29,458$ 69.2% 13,134$ Materials & Supplies (1000-2999) 50$ 717$ -$ 57$ 774$ 3,509$ 7018.0% (3,459)$ Contractual Services (3000-5999) 15,553$ -$ 155$ 323$ 478$ 9,826$ 63.2% 5,727$ Capital Outlay (7000-7999) -$ 7,680$ -$ -$ 7,680$ 7,680$ (7,680)$ Debt Service (8000-8999) 231,450$ -$ -$ -$ -$ 222,559$ 96.2% 8,891$ Other (9000-9999)120,505$ -$ -$ -$ -$ -$ 0.0%120,505$ Drinking Water - Infra. & Equip. Maint. (700-4823)1,888,996$ 37,316$ 30,818$ 41,843$ 109,978$ 325,299$ 17.2%1,563,697$ Personnel Services (0000-0999) 259,485$ 19,941$ 20,556$ 20,967$ 61,464$ 180,900$ 69.7% 78,585$ Materials & Supplies (1000-2999) 35,148$ 1,624$ 1,176$ 4,473$ 7,273$ 17,792$ 50.6% 17,356$ Contractual Services (3000-5999) 128,163$ 6,033$ 8,816$ 16,231$ 31,079$ 91,529$ 71.4% 36,634$ Capital Outlay (7000-7999) 1,466,200$ 9,718$ 270$ 173$ 10,161$ 35,077$ 2.4% 1,431,123$ Actual Amounts 2011 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT 1/3 Budget % YTD Budget Department/Expenditure Amount July August September Q3 YTD Budget Balance Drinking Water - Water Production (700-4825)149,908$ 11,041$ 13,115$ 12,742$ 36,898$ 85,385$ 57.0%64,523$ Personnel Services (0000-0999) -$ -$ -$ -$ -$ 54$ (54)$ Materials & Supplies (1000-2999) 35,478$ 1,082$ 4,050$ 4,236$ 9,368$ 18,968$ 53.5% 16,510$ Contractual Services (3000-5999) 114,430$ 9,959$ 9,065$ 8,506$ 27,530$ 66,362$ 58.0% 48,068$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Wastewater - Billing Services (730-4820)57,820$ 3,887$ 3,324$ 3,564$ 10,775$ 42,783$ 74.0%15,037$ Personnel Services (0000-0999) 42,592$ 3,170$ 3,170$ 3,184$ 9,523$ 29,458$ 69.2% 13,134$ Materials & Supplies (1000-2999) 50$ -$ -$ 57$ 57$ 57$ 113.9% (7)$ Contractual Services (3000-5999) 15,178$ 717$ 155$ 323$ 1,195$ 13,268$ 87.4% 1,910$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Wastewater - Infra. & Equip. Maint. (700-4823)1,713,363$ 105,278$ 402,990$ 119,971$ 628,239$ 1,210,665$ 70.7%502,698$ Personnel Services (0000-0999) 239,819$ 20,152$ 17,483$ 14,436$ 52,070$ 165,101$ 68.8% 74,718$ Materials & Supplies (1000-2999) 21,513$ 3,803$ 765$ 3,574$ 8,142$ 14,772$ 68.7% 6,741$ Contractual Services (3000-5999) 954,531$ 75,940$ 78,441$ 101,961$ 256,342$ 719,107$ 75.3% 235,424$ Capital Outlay (7000-7999)497,500$ 5,383$ 306,302$ -$ 311,685$ 311,685$ 62.7%185,815$ Street Lighting - Operations (740-4416)76,455$ 6,887$ 6,656$ 7,121$ 20,664$ 56,816$ 74.3%19,639$ Personnel Services (0000-0999) 3,555$ 274$ 274$ 278$ 826$ 2,548$ 71.7% 1,007$ Materials & Supplies (1000-2999) -$ -$ -$ -$ -$ -$ -$ Contractual Services (3000-5999) 72,900$ 6,612$ 6,383$ 6,843$ 19,838$ 54,268$ 74.4% 18,632$ Capital Outlay (7000-7999)-$ -$ -$ -$ -$ -$ -$ Stormwater - System Maintenance (745-4415)189,328$ 10,056$ 7,192$ 9,610$ 26,857$ 67,677$ 35.7%121,651$ Personnel Services (0000-0999) 72,880$ 6,706$ 5,930$ 5,755$ 18,392$ 53,679$ 73.7% 19,201$ Materials & Supplies (1000-2999) 9,638$ 677$ 1,164$ 483$ 2,324$ 5,421$ 56.3% 4,217$ Contractual Services (3000-5999) 74,810$ 2,672$ 98$ 3,371$ 6,141$ 8,577$ 11.5% 66,233$ Capital Outlay (7000-7999)32,000$ -$ -$ -$ -$ -$ 0.0%32,000$ Stormwater - Street Cleaning (745-4417)66,273$ 4,415$ 1,046$ 2,470$ 7,932$ 49,292$ 74.4%16,981$ Personnel Services (0000-0999) 12,005$ 832$ 828$ 958$ 2,617$ 8,188$ 68.2% 3,817$ Materials & Supplies (1000-2999) 6,738$ 3,476$ 22$ 1,311$ 4,809$ 8,776$ 130.2% (2,038)$ Contractual Services (3000-5999) 7,530$ 108$ 196$ 201$ 505$ 1,648$ 21.9% 5,882$ Capital Outlay (7000-7999)40,000$ -$ -$ -$ -$ 30,681$ 76.7%9,319$ Community Center - Building Overhead (252-4350)97,388$ 5,944$ 5,479$ 9,031$ 20,454$ 63,567$ 65.3%33,821$ Personnel Services (0000-0999) 50,938$ 3,782$ 4,048$ 4,008$ 11,837$ 36,999$ 72.6% 13,939$ Materials & Supplies (1000-2999) 11,750$ 756$ 774$ 924$ 2,454$ 6,535$ 55.6% 5,215$ Contractual Services (3000-5999) 24,700$ 1,407$ 657$ 4,099$ 6,163$ 20,034$ 81.1% 4,666$ Capital Outlay (7000-7999)10,000$ -$ -$ -$ -$ -$ 0.0%10,000$ Lakeside Park (255-4350)21,666$ 1,046$ 1,213$ (480)$ 1,780$ 10,066$ 46.5%11,600$ Personnel Services (0000-0999) 3,699$ 859$ 316$ 21$ 1,196$ 3,701$ 100.0% (2)$ Materials & Supplies (1000-2999) 2,400$ -$ -$ -$ -$ -$ 0.0% 2,400$ Contractual Services (3000-5999) 15,567$ 187$ 897$ (501)$ 583$ 6,365$ 40.9% 9,202$ Capital Outlay (7000-7999) -$ -$ -$ -$ -$ -$ -$ Actual Amounts 2011 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT 2/3 FUND SUMMARY General Funds (100)1,302,099$ 92,372$ 88,197$ 82,142$ 262,710$ 752,098$ 57.8%550,001$ Budget % YTD Budget Department/Division Amount July August September Q3 YTD Budget Balance Parks and Forestry (100-4300)418,464$ 42,937$ 30,991$ 31,418$ 105,347$ 257,308$ 61.5%161,156$ Parks (100-4360) 363,464$ 37,859$ 24,740$ 25,275$ 87,874$ 224,857$ 61.9% 138,607$ Forestry (100-4380)55,000$ 5,078$ 6,252$ 6,144$ 17,473$ 32,451$ 59.0%22,549$ Public Works (100-4400)883,635$ 49,435$ 57,206$ 50,723$ 157,364$ 494,790$ 56.0%388,845$ Public Works Administration (100-4410) 123,715$ 9,194$ 9,188$ 9,531$ 27,912$ 85,795$ 69.3% 37,920$ Buildings & Grounds Maintenance (100-4460) 133,854$ 8,606$ 6,494$ 11,482$ 26,582$ 95,729$ 71.5% 38,125$ Vehicle & Equipment Maintenance (100-4465) 86,259$ 6,751$ 6,591$ 6,206$ 19,549$ 65,134$ 75.5% 21,125$ Street Pavement Management (100-4470) 380,501$ 16,060$ 27,034$ 14,464$ 57,558$ 146,742$ 38.6% 233,759$ Street Snow & Ice Control (100-4472) 122,712$ 6,176$ 5,481$ 6,264$ 17,921$ 78,187$ 63.7% 44,525$ Street Sign Maintenance (100-4475) 36,594$ 2,648$ 2,419$ 2,777$ 7,843$ 23,201$ 63.4% 13,393$ Enterprise Funds 4,552,293$ 190,446$ 468,466$ 200,884$ 859,797$ 2,110,948$ 46.4%2,441,345$ Budget % YTD Budget Department/Division Amount July August September Q3 YTD Budget Balance Drinking Water (700)2,449,054$ 59,924$ 47,257$ 58,149$ 165,330$ 683,716$ 27.9%1,765,338$ Drinking Water - Billing Services (700-4820) 410,150$ 11,567$ 3,324$ 3,563$ 18,455$ 273,032$ 66.6% 137,118$ Drinking Water - Infra. & Equip. Maint. (700-4823) 1,888,996$ 37,316$ 30,818$ 41,843$ 109,978$ 325,299$ 17.2% 1,563,697$ Drinking Water - Water Production (700-4825)149,908$ 11,041$ 13,115$ 12,742$ 36,898$ 85,385$ 57.0%64,523$ Wastewater (730)1,771,183$ 109,165$ 406,315$ 123,535$ 639,014$ 1,253,448$ 70.8%517,735$ Wastewater - Billing Services (730-4820) 57,820$ 3,887$ 3,324$ 3,564$ 10,775$ 42,783$ 74.0% 15,037$ Wastewater - Infra. & Equip. Maint. (730-4823)1,713,363$ 105,278$ 402,990$ 119,971$ 628,239$ 1,210,665$ 70.7%502,698$ Street Lighting (740)76,455$ 6,887$ 6,656$ 7,121$ 20,664$ 56,816$ 74.3%19,639$ Stormwater (745)255,601$ 14,471$ 8,238$ 12,080$ 34,789$ 116,969$ 45.8%138,632$ Stormwater - System Maintenance (745-4415) 189,328$ 10,056$ 7,192$ 9,610$ 26,857$ 67,677$ 35.7% 121,651$ Stormwater - Street Cleaning (745-4417) 66,273$ 4,415$ 1,046$ 2,470$ 7,932$ 49,292$ 74.4% 16,981$ Special Revenue Funds 119,054$ 6,990$ 6,692$ 8,552$ 22,234$ 73,633$ 61.8%45,421$ Budget % YTD Budget Department/Division Amount July August September Q3 YTD Budget Balance Community Center - Bldg. Overhead (252-4350)97,388$ 5,944$ 5,479$ 9,031$ 20,454$ 63,567$ 65.3%33,821$ Lakeside Park (255)21,666$ 1,046$ 1,213$ (480)$ 1,780$ 10,066$ 46.5%11,600$ Actual Amounts Actual Amounts Actual Amounts 2011 BUDGET VS. ACTUAL EXPENDITURE SUMMARY REPORT 3/3 394387v2 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: November 23, 2011 To: Jim Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Review snow and ice removal policy and consult with City staff regarding same. Matter is presently pending. MU125-65: Licensing Matters. Consult with City staff regarding tobacco product shop moratorium ordinance. Review and draft tobacco ordinance revisions and research on regulation of tobacco licensee hours of operation. Legal research regarding regulation of massage therapists and forward same to City staff. Matter is presently pending. MU210-85: Red Oak Estates No. 3. Consult with City staff regarding matter. Matter is presently pending. MU210-90: Moe’s (fka Jakes). Review documents regarding release of development agreement. Consult with City staff. Matter is presently pending. MU210-162: Robert’s Bar. Review correspondence regarding resolution and agreement on payment of outstanding assessments. Matter is presently pending. MU210-166: Billboard Matters. Review question regarding dynamic billboards and proposed revisions to City Code. Draft and revise proposed third amended lease, etc. & Mr. Jim Ericson November 23, 2011 Page 2 394387v2 SJR MU125-11 Consult with City staff regarding same. Forward third amended lease to the City and others. Matter is presently pending. MU210-189: Coventry Senior Living Project. Review final plat and other documentation. Consult with City staff regarding same. Matter is presently pending. MU210-192: Senior Housing Revenue Bonds, Series 2010 (Select Senior Living). The temporary bonds that were issued and expected to be refunded with permanent bonds in 2011 have been defeased. Matter is presently pending. MU210-196: Minor subdivision: 7337 Spring Lake Road. Review preliminary documentation. Draft subdivision opinion. Draft easements and letter of instruction and forward to City and closer. Consult with City staff regarding project. Matter is presently pending. SJR:jms